回例与乾隆时期回疆的刑案审判

清朝之成功在很大程度上体现在对边疆问题的解决上,今人,尤其是"新清史"对此研究颇多。但其关注多在满、蒙、藏及统治者与上述人群之关联,于回人和回疆着墨较少。本文基于清代满汉档案所载涉及回人的刑案,探讨了回疆地方法律回例在司法中的应用,以及清政府对回例适用范围的不断调整,并指出回疆动乱与统治阶层和其他群体间的文化隔阂,最终导致清政府的回疆统治理念由因俗而治转向了制度趋同。

Law and Punishment: Huili and Judicial Trials in Penal Cases in Huijiang during the Qianlong Reign

The success of the Qing rule was largely reflected in its solution to frontier issues. Frontier issues has been extensively discussed by current academic,especially by the so-called New Qing Historians,but the New Qing History focuses mainly on Manchuria,Mongolia,and Tibet,as well as the relations between the Manchu rulers and the above-mentioned peoples,while paying less attention to Hui Territories and its inhabitants,Huiren (today's Uyghurs).Based on criminal cases-- mainly murders--involving Huiren recorded in Manchu and Chinese materials,this paper discusses the application of local law and Hui regulations,in judicial trials,and the Qing effort to adjust and narrow the scope of its application.The effort to narrow the role of Hui regulations in such cases eventually led to the Qing code replacing Hui regulations.The author further argues that the Muslim rebellions and the increasingly widening cultural gap between Muslims and the ruling class,as well as non-Muslims, resulted in the transition of the Qing ruling ideology and policies in Huijiang.